Alok and Another v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6460 of 2023 Applicant :- Alok And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Kumar Awasthi,Dharm Trivedi Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Heard learned counsel for the accused-applicants as well as learned A.G.A. for the State and perused the record.

¶2This bail application has been moved on behalf of the accused-applicants/Alok and Ram Kishan for grant of bail, in Case Crime No.439 of 2022, under Section 2B(ii)/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 Police Station Neemgaon, District Lakhimpur Kheri during pendency of trial.

¶3Learned counsel for accused-applicants while pressing the bail application submits that the accused-applicants have been falsely implicated in the instant case as well as in the three cases mentioned in the gang chart. However, in all these cases mentioned in the gang chart, they have been released on bail and the bail orders with regard to these three cases have been placed as Annexure Nos.3 to 5 to this bail application.

¶4He further submits that apart from these three cases, the complicity of the applicants are also shown with regard to other 14 criminal case(s), however, in all these cases also, they have been granted bail by trial court. A copy of these bail orders have also been placed as Annexure No.6 to the bail application as well as S.A. Nos.1 to 17 of the supplementary affidavit dated

08.05.2023 and apart from the above mentioned cases, the applicants are not involved in any other criminal case.

¶5It is also submitted that the applicants are in jail in this matter since 02.01.2023 and having regard to the fact that only on the basis of three criminal case(s), the provisions of Gangster Act has been invoked against the applicants and the material which has been made the basis of lodging the first information report in this case is not sufficient enough to raise a presumption that the applicants are either guilty of the offences mentioned in the gang chart or may commit the same offences again if the facility of bail is granted to them.

¶6Learned A.G.A. opposes the prayer for bail of the applicants, but could not confront the factual submissions made by the learned counsel for the accused-applicants.

¶7Having heard learned counsel for the parties and having perused the record, it is evident that the provisions of Gangsters Act has been invoked against the applicants on the basis of three cases mentioned in the gang chart, however, in all the cases mentioned in the gang chart they have been released on bail by trial court. Apart from the above mentioned three cases, the complicity of the applicants is stated to be shown in other 14 criminal cases, wherein also they have been granted bail by trial court and apart from the above mentioned cases, the applicants are not involved in any other criminal case. All the offences mentioned in the gang chart as well as shown as criminal history of the applicants are triable by magistrate. The applicants are in jail in this case since 02.01.2023. Nothing has been brought on record, which may suggest that the facility of bail granted by trial court pertaining to the offences mentioned in the gang chart has been challenged at any higher forum or has been cancelled by any superior court. The presence of the applicants could be secured before the trial court by placing adequate conditions/restrictions.

¶8Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicants have made out a case for bail. The bail application is allowed.

¶9Let the accused-applicant/Alok and Ram Kishan involved in aforesaid case be released on bail on furnishing personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

¶12Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. Order Date :- 11.10.2023 Anupam S/- High Court of Judicature at Allahabad, Lucknow Bench